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The Trial of the Kaiser$
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William A. Schabas

Print publication date: 2018

Print ISBN-13: 9780198833857

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780198833857.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 July 2021

Making the Case in International Law

Making the Case in International Law

(p.38) 4 Making the Case in International Law
The Trial of the Kaiser

William A. Schabas

Oxford University Press

Two French law professors, Ferdinand Larnaude and Albert de Lapradelle, prepare a report for their government on the legal issues involved in prosecuting the Kaiser, something that they recommend enthusiastically. The British set up a committee of experts that also studies the legal difficulties, recommending prosecution, although not unanimously. The French are mainly interested in atrocities perpetrated in the parts of their country that were occupied. The British focus on such issues as submarine warfare. Both groups of experts concur in dividing the types of charges that might be made against the Kaiser into waging a war of aggression, violating the treaties of neutrality, and unlawful conduct during the conflict, and believe Kaiser Wilhelm II cannot invoke immunity before an international tribunal.

Keywords:   Ferdinand Larnaude, Albert de Lapradelle, international tribunal, immunity, Napoleon, James Headlam Morley, retroactivity, League of Nations

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